Question: How is negligence determined in personal injury cases?
Question: How is negligence determined in personal injury cases?
Does negligence have to be established in order to collect damages in any personal injury case?
Honesty and fairness have nothing to do with insurance defense - HONEST!
Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.
The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.
Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.
Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.
Clients can be a valuable member of the trial team.
My first thought is just do your part with record keeping and communicating new information to your lawyer's office. Also be patient because Rome wasn't built in a day. Let's talk about what I mean these two suggestions.
Are you invested in your case?
Record keeping for out-of-pocket expenses such as medical, Rx and other things if kept organized is a huge help. It's not unusual for clients to not maintain receipts and notes so they are able to provide medical expenses or records to show what wasn't covered by health insurance and what they've paid. When the client fails to keep good records it's almost impossible for the lawyer to reconstruct it. After all we aren't there with you. Asking the lawyer to prove a dollar amount without the proper record keeping is like hoping a sailboat suddenly appears on the beach with your name on it. Like the sailboat, proof just doesn't instantaneously appear because you want it. Keep in mind the burden is on you to prove every element of the law that underpins your claim.
Stop trying to talk like a TV lawyer!
Today in the email bag was a question and although it’s a bit before 7:00 a.m. as I’m trying to understand what the person is asking me I have to wonder if I’m 30-years younger and going through the experience of once again being a 1-L. A 1-L is how we refer to first year law students. Scott Turow made a similar term popular in his book by that same name. Here is the question. Read it and see how far you can get before scratching you head and wondering, “What is he asking me?”
If a company providing services, in which those services are paid for and terms of service are placed in which the paying parties have signed an agreement to and said company does not deal with violators whom breech these terms of service where everyone is expected to adhere to in a timely fashion. Is said company in breach of contract due to negligence of protecting those very people who agreed to said company's contract?
Listen... Here that? "Ka-Ching" What is it?
That's the sound of your $$ in the insurance adjuster's pocket. To the insurance industry it's called promoting the float. The float is the money they keep while you wait. It's insurance wealth that belongs to you, but insurance uses it during the delay that they create. Ka-chingggggggggggg!!! Thanks!
Insurance Lullaby: Ka-ching, ka-ching, ka-ching! Insurance Executives: Thank you juries! We fooled you again. Remember we're not to blame, it's those trial lawyers! The ones trying to help you! Oops sorry I wasn't supposed to remind you. We're your good neighbor; you know the one's you're in good hands with! Smile! Bigger ka-ching!
Sorry, when it comes to the insurance industry I love being sarcastic. A lady wrote asking me if the insurance adjuster can unilaterally assign her 50% fault for the accident even though she was not ticketed and the other driver received a citation for failing to yield the right-of-way. The adjuster believes a driver is automatically at fault, no matter what, and he deducts 50% from the property damage. My advice is pretty straightforward and simple. He's trying to delay paying you. Can you say ka-ching?
Today let's talk about the American styled insurance that protects the float by promoting delay. When you're in an accident you need to know how to protect your claim. Because if you don't protect your claim by keeping the facts straight, you allow the adjuster to promote the float through their delaying a fair resolution. You may be honest, but don't be dumb and allow the adjuster to maladjust your case.
Who in Iowa goes to a parade to be stampeded by horses?
The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.
Related media coverage:
- Caught on Tape: Horses' Rampage at Parade Kills 1, Injures Others - Chicago Tribune
- July 4th Horse Stampede Saddens Iowa - Injury Board Blog Network: St. Cloud, MN
They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?
Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.
Think this is the first time horses have stampeded the crowd at a parade?
